REGULATION
(EC) No 998/2003 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL

of 26
May 2003

on the
animal health requirements applicable to the non-commercial
movement of pet animals and

amending
Council Directive 92/65/EEC

THE
EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN
UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 37 and Article 152(4)(b)
thereof, Having regard to the proposal from the Commission
(1),Having
regard to the opinion of the Economic and Social Committee
(2),
Following consultation of the Committee of the Regions, Acting
in accordance with the procedure laid down in Article 251 of
the Treaty (3), in
the light of the joint text approved by the Conciliation
Committee on 18 February 2003. Whereas:

(1)
Harmonisation
of animal health requirements applicable to the non-commercial
movement of pet animals between Member States and from third
countries is necessary and only measures adopted at Community
level can enable that objective to be achieved.

(2)
This
Regulation concerns the movement of live animals covered by
Annex I to the Treaty. Some of its provisions, in particular
concerning rabies, have as their direct objective the
protection of public health, while others concern solely
animal health. Article 37 and Article 152(4)(b) of the Treaty
are therefore the appropriate legal basis.

(3)
Over
the past 10 years the rabies situation has improved
spectacularly throughout the Community following the
implementation of programmes for the oral vaccination of foxes
in regions affected by the sylvatic-rabies epidemic that has
swept through north-eastern Europe since the 1960s.

(4)
This
improvement has led the United Kingdom and Sweden to abandon
the system of six months' quarantine which they applied for
decades, in favour of an alternative, less restrictive system
providing an equivalent level of safety. Provision should
therefore be made at Community level for the application of a
special system for the movement of pet animals to those Member
States for a transitional period of five years and for the
Commission, in the light of the experience gained and a
scientific opinion from the European Food Safety Authority, to
present a report in due course with appropriate proposals.
Provision should also be made for a rapid procedure to decide
on a temporary extension of the above transitional regime,
particularly if the scientific assessment of the experience
gained were to make necessary longer time periods than those
currently laid down.

(5)
Cases
of rabies observed in pet carnivores in the Community now
mainly affect animals originating in third countries where an
urban type of rabies is endemic. The animal health
requirements generally applicable hitherto by the Member
States to pet carnivores introduced from such third countries
should accordingly be made more stringent.

(6)
However,
derogations should be considered for movement from third
countries belonging, from the animal health standpoint, to the
same geographical region as the Community.

(7)
Article
299(6)(c) of the Treaty and Council Regulation (EEC) No 706/73
of 12 March 1973 concerning the Community arrangements
applicable to the Channel Islands and the Isle of Man for
trade in agricultural products (4),
provide that Community veterinary legislation applies to the
Channel Islands and the Isle of Man, which, for the purposes
of this Regulation, are therefore to be considered as part of
the United Kingdom.

(8)
A
legal framework should also be established for the animal
health requirements applicable to non-commercial movement of
species of animals not affected by rabies or of no
epidemiological significance as regards rabies and with regard
to other diseases affecting the species of animals listed in
Annex I.

(9)
It is
appropriate that this Regulation should apply without
prejudice to Council Regulation (EC) No 338/97 of 9 December
1996 on the protection of species of wild fauna and flora by
regulating trade therein (1).

(10)
The
measures necessary for the implementation of this Regulation
should be adopted in accordance with Council Decision
1999/468/EC of 28 June 1999 laying down the procedures for the
exercise of implementing powers conferred on the
Commission (2).

(11)
Existing
Community animal health requirements, and more specifically
Council Directive 92/65/EEC of 13 July 1992 laying down animal
health requirements governing trade in and imports into the
Community of animals, semen, ova and embryos not subject to
animal health requirements laid down in specific Community
rules referred to in Annex A(I) to Directive 90/425/EEC
(3),
generally apply only to trade. To avoid commercial movements
being fraudulently disguised as noncommercial movements of pet
animals within the meaning of this Regulation, the provisions
of Directive 92/65/EEC on the movement of animals of the
species specified in parts A and B of Annex I should be
overhauled, with the aim of ensuring their uniformity with the
rules set out in this Regulation. With the same aim, provision
should be made for the possibility of specifying a maximum
number of animals that may be the subject of movement within
the meaning of this Regulation, above which the rules
regarding trade will apply.

(12)
The
measures provided for by this Regulation are designed to
ensure a sufficient level of safety in regard to those health
risks involved. They do not constitute njustified obstacles to
movement coming within its field of application, since they
are based upon the conclusions of groups of experts consulted
on the matter and in particular on a report by the Scientific
Veterinary Committee published on 16 September 1997,
HAVE
ADOPTED THIS REGULATION: CHAPTER I

General
provisions

Article
1

This
Regulation lays down the animal health requirements applicable
to the non-commercial movement of pet animals and the rules
applying to checks on such movement.

Article
2

This
Regulation applies to the movement between Member States or
from third countries of pet animals of the species listed in
Annex I. It shall apply without prejudice to Regulation (EC)
No 338/97. Provisions based on considerations other than those
relating to animal health requirements, and intended to
restrict the movement of certain species or breeds of pet
animals, shall not be affected by this Regulation.

Article
3

For
the purposes of this Regulation:

(a) pet animals
means animals of the species listed in Annex I which are
accompanying their owners or a natural person responsible for
such animals on behalf of the owner during their movement and
are not intended to be sold or transferred to another owner;

(b) passport means any document enabling the pet
animal to be clearly identified and including the points that
enable its status with regard to this Regulation to be
checked, which is to be drawn up in accordance with the second
paragraph of Article 17;

(c)
movement means any movement of a pet animal between Member
States or its entry or re-entry into the territory of the
Community from a third country.

Article
4

1.
During an eight-year transitional period starting from the
entry into force of this Regulation, animals of the species
listed in parts A and B of Annex I shall be regarded as
identified where they bear:

Regulation
(EC) No 1282/2002 (OJ L 187, 16.7.2002, p. 3).In
the case referred to in point (b) of the preceding
subparagraph, where the transponder does not comply with ISO
Standard 11784 or Annex A to ISO Standard 11785, the owner
or the natural person responsible for the pet animal on
behalf of the owner must provide the means necessary for
reading the transponder at the time of any
inspection.

2.
Whatever form the animal identification system takes,
provision shall also be made for the indication of details
identifying the name and address of the animal's owner.

3. Member States which require animals entering their
territory, otherwise than into quarantine, to be identified in
accordance with point (b) of the first subparagraph of
paragraph 1may continue to do so during the transitional
period.

4.
After the transitional period, only the method referred to in
point (b) of the first subparagraph of paragraph 1 shall be
accepted as the means of identifying an animal.

CHAPTER
II

Provisions
applicable to movement between Member

States

Article
5

1.
When being moved, pet animals of the species listed in parts A
and B of Annex I must, without prejudice to the requirements
laid down in Article 6:

(a) be
identified in accordance with Article 4, and

(b) be
accompanied by a passport issued by a veterinarian authorised
by the competent authority certifying valid antirabies
vaccination, or revaccination if applicable, in accordance
with the recommendations of the manufactu ring laboratory,
carried out on the animal in question with an inactivated
vaccine of at least one antigenic unit per dose(WHO
standard).

2.
Member States may authorise the movement of animals listed in
parts A and B of Annex I which are under three months old and
unvaccinated, if they are accompanied by a passport and have
stayed in the place in which they were born since birth
without contact with wild animals likely to have been exposed
to the infection or are accompanied by their mothers on whom
they are still dependent.

Article
6

1. For
a transitional period of five years starting from the date of
entry into force of this Regulation, entry of the pet animals
listed in part A of Annex I into the territory of Ireland,
Sweden and the United Kingdom shall be subject to the
following requirements:  they must be identified in
accordance with point (b) of the first subparagraph of Article
4(1), unless the Member State of destination also recognises
identification in accordance with point (a) of the first
subparagraph of Article 4(1), and  they must be accompanied
by a passport issued by a veterinarian authorised by the
competent authority certifying, in addition to the conditions
laid down in Article 5(1)(b), a neutralising antibody
titration at least equal to 0,5 IU/mlcarried out in an
approved laboratory on a sample within the periods laid down
in national rules in force on the date specified in the second
paragraph of Article 25.

This
antibody titration need not be repeated on an animal which,
following that titration, has been regularly revaccinated at
the intervals laid down in Article 5(1) without a break in the
vaccination protocol required by the manufacturing laboratory.

The
Member State of destination may exempt pet animals moving
between these three Member States from the vaccination and
antibody titration requirements provided for in the first
subparagraph of this paragraph, in accordance with national
rules in force on the date specified in the second paragraph
of Article 25.

2.
Except where the competent authority grants a derogation in
specific cases, animals under three months old of the species
listed in part A of Annex I may not be moved before they have
reached the required age for vaccination and, where provided
for in the rules, they have undergone a test to determine
antibody titration.

3. The
transitional period laid down in paragraph 1 may be extended
by the European Parliament and the Council, acting on a
proposal from the Commission in accordance with the
Treaty.

Article
7

Movement
between Member States or from a territory listed in section 2
of part B of Annex II of animals of the species listed in part
C of Annex I shall not be subject to any requirement with
regard to rabies. If necessary, specific requirements,
including a possible limit on the number of animals, and a
model certificate to accompany such animals may be drawn up,
in accordance with the procedure laid down in Article 24(2),
in respect of other diseases.

CHAPTER
III

Conditions
relating to movements from third countries

Article
8

1. At
the time of movement, pet animals of the species listed in
parts A and B of Annex I shall:

(a)
when they come from a third country listed in section 2 of
part B and in part C of Annex II, and enter:

(i)
one of the Member States listed in section 1 of part B of
Annex II, satisfy the requirements of Article 5(1); 13.6.2003
L 146/3 Official Journal of the European Union EN

(ii)
one of the Member States listed in part A of Annex II, either
directly or after transit through one of the territories
listed in part B of Annex II, satisfy the requirements of
Article 6;

(b)
when they come from another third country and
enter:

(i)
one of the Member States listed in section 1 of part B
of Annex II:

 be
identified by means of the identification system defined in
Article 4, and

 have
undergone:


anti-rabies vaccination in accordance with the requirements of
Article 5, and

 a
neutralising antibody titration at least equal to 0,5 IU/ml
carried out on a sample taken by an authorised veterinarian at
least 30 days after vaccination and three months before being
moved.

The
antibody titration need not be renewed on a pet animal which
has been revaccinated at the intervals laid down in Article
5(1).

This
three-month period shall not apply to the re-entry of a pet
animal whose passport certifies that the titration was carried
out, with a positive result, before the animal left the
territory of the Community;

(ii)
one of the Member States listed in part A of Annex II, either
immediately or after transit through one of the territories
listed in part B of Annex II, be placed in quarantine unless
they have been brought into conformity with the
requirements of Article 6 after their entry into the
Community.

2. Pet
animals must be accompanied by a certificate issued by an
official veterinarian or, on re-entry, by a passport
certifying compliance with the provisions of paragraph
1.

3.
Notwithstanding the above provisions:

(a)
pet animals from the territories listed in section 2 of part B
of Annex II for which it has been established, under the
procedure laid down in Article 24(2), that such territories
apply rules at least equivalent to Community rules as provided
for in this Chapter, shall be subject to the rules laid down
in Chapter II;

(b)
the movement of pet animals between, respectively, San Marino,
the Vatican and Italy, Monaco and France, Andorra and France
or Spain, and Norway and Sweden may continue under the
conditions laid down by national rules in force on the date
laid down in the second paragraph of Article 25;

(c) in
accordance with the procedure laid down in Article 24(2) and
on conditions to be determined, the entry of unvaccinated pet
animals under three months old of the species listed in part A
of Annex I from the third countries listed in parts B and C of
Annex II may be authorised where the rabies situation in the
country concerned so warrants.

4. The
arrangements for implementing this Article, and in particular
the model certificate, shall be adopted in accordance with the
procedure laid down in Article 24(2).

Article
9

The
conditions applicable to the movement of animals of the
species listed in part C of Annex I from third countries, and
the model certificate which must accompany them, shall be
established in accordance with the procedure laid down in
Article 24(2).

Article
10

The
list of third countries provided for in part C of Annex II
shall be drawn up before the date provided for in the second
paragraph of Article 25 and in accordance with the procedure
laid down in Article 24(2). To be included on that list, a
third country must first demonstrate its status with regard to
rabies and that:

(a)
notification to the authorities of the suspicion of rabies is
obligatory;

(b) an
efficient monitoring system has been in place for at least two
years;

(c)
the structure and organisation of its veterinary services are
sufficient to guarantee the validity of the
certificates;

(d)
all the regulatory measures for the prevention and control of
rabies have been implemented, including the rules on
imports;

(e)
regulations are in force on the marketing of anti-rabies
vaccines (list of authorised vaccines and
laboratories).

Article
11

Member
States shall provide the public with clear and easily
accessible information concerning the health requirements that
apply for the non-commercial movement of pets in Community
territory and the conditions under which they may enter or
re-enter such territory. They shall also ensure that personnel
at entry points are fully informed of these rules and are able
to implement them.

Article
12

Member
States shall take the measures necessary to ensure that pet
animals brought into Community territory from a third
country other than those listed in section 2 of part B of
Annex II are subject:

(a) if
there are five pet animals or less, to documentary and
identity checks by the competent authorities at the
travellers' point of entry into Community
territory;

(b) if
there are more than five pet animals, to the requirements and
checks laid down in Directive 92/65/EEC.

Member
States shall designate the authorities responsible for such
checks and immediately inform the Commission
thereof.

Article
13

Each
Member State shall draw up a list of points of entry as
referred to in Article 12 and forward it to the other Member
States and to the Commission.

Article
14

At the
time of any movement, the owner or natural person responsible
for the pet animal must be able to present the authorities
responsible for checks with a passport or the certificate
provided for in Article 8(2) certifying that the animal meets
the requirements laid down for such movement.

In
particular, in the case referred to in point (b) of the first
subparagraph of Article 4(1), where the transponder does not
comply with ISO Standard 11784 or Annex A to ISO Standard
11785, the owner or natural person responsible for the pet
animal must provide the means necessary for reading the
transponder at the time of any inspection.

Where
such checks reveal that the animal does not meet the
requirements laid down in this Regulation, the competent
authorities shall decide in consultation with the official
veterinarian:

(a) to
return the animal to its country of origin;

(b) to
isolate the animal under official control for the time
necessary for it to meet the health requirements, at the
expense of the owner or the natural person responsible for it;
or

(c) as
a last resort, to put the animal down, without financial
compensation, where its return or isolation in quarantine
cannot be envisaged. Member States shall ensure that animals
which are refused authorisation to enter Community territory
are housed under official control pending return to their
country of origin or any other administrative decision.
CHAPTER
IV

Common
and final provisions

Article
15

Where
the requirements applicable to movement provide for an
antibody titration for rabies, the sample must be taken by an
authorised veterinarian and the test must be carried out by a
laboratory approved in accordance with Council Decision
2000/258/EC of 20 March 2000 designating a specific institute
responsible for establishing the criteria necessary for
standardising the serological tests to monitor the
effectiveness of rabies vaccines (1).

Article
16

For a
transitional period of five years starting from the date of
entry into force of this Regulation, those Member States which
have special rules for the control of echinococcosis and ticks
on the date on which this Regulation comes into force may make
the entry of pet animals into their territory subject to
compliance with those requirements.

For
this purpose, they shall send the Commission a report on their
situation with regard to the disease in question, setting out
grounds for the need for additional guarantees to prevent the
risk of introduction of the disease.

The
Commission shall inform the Member States within the Committee
provided for in Article 24 of those additional
guarantees.

Article
17

For
the movement of animals of the species listed in parts A and B
of Annex I, requirements of a technical nature other than
those laid down by this Regulation may be laid down in
accordance with the procedure laid down in Article 24(2).
13.6.2003 L 146/5 Official Journal of the European Union
EN

(1) OJ L
79, 30.3.2000, p. 40. The
model passports which must accompany animals of the species
listed in parts A and B of Annex I which are being moved shall
be drawn up in accordance with the procedure laid down in
Article 24(2).

Article
18

The
safeguard measures provided for by Council Directive 90/
425/EEC of 26 June 1990 concerning veterinary and zootechnical
checks applicable in intra-Community trade in certain live
animals and products with a view to the completion of the
internal market (1), and
Council Directive 91/496/EEC of 15 July 1991 laying down the
principles governing the organisation of veterinary checks on
animals entering the Community from third countries and
amending Directives 89/662/EEC, 90/ 425/EEC and 90/675/EEC
(2),
shall apply.

In
particular, at the request of a Member State or on the
initiative of the Commission, where the rabies situation in a
Member State or a third country so warrants, a decision may be
taken, in accordance with the procedure laid down in Article
24(3), that animals of the species listed in parts A and B of
Annex I coming from that territory must meet the conditions
laid down in Article 8(1)(b).

Article
19

Part C
of Annex I and parts B and C of Annen II may be amended in
accordance with the procedure laid down in Article 24(2) to
take account of developments in the situation within Community
territory or in third countries as regards diseases affecting
the species of animals covered by this Regulation, in
particular rabies, and, if need be, limit, for the purposes of
this Regulation, the number of animals which can be
moved.

Article
20

Any
implementing measure of a technical nature shall be adopted in
accordance with the procedure laid down in Article
24(2).

Article
21

Any
transitional implementing provisions may be adopted in
accordance with the procedure laid down in Article 24(2) to
permit the changeover from the current arrangements to the
arrangements established by this Regulation.

Article
22

irective
92/65/EEC shall be amended as follows:

1.
in Article 10:

(a) in
paragraph 1 the word ferrets shall be deleted;

(b)
paragraphs 2 and 3 shall be replaced by the
following:

2. To
be the subject of trade, dogs, cats and ferrets must satisfy
the requirements set out in Articles 5 and 16 of Regulation
(EC) No 998/2003 of the European Parliament and of the Council
of 26 May 2003 on the animal health requirements applicable to
the noncommercial movement of pet animals and amending Council
Directive 92/65/EEC (*).

The
certificate accompanying the animals must also confirm that,
24 hours before dispatch of the animals, a clinical
examination was carried out by a veterinarian authorised by
the competent authority showing the animals to be in good
health and able to withstand carriage to their destination.

3. By
way of derogation from paragraph 2, when trade is to Ireland,
the United Kingdom or Sweden, dogs, cats and ferrets shall be
subject to the conditions set out in Articles 6 and 16 of
Regulation (EC) No 998/2003.

The
certificate accompanying the animals must also confirm that,
24 hours before dispatch of the animals, a clinical
examination was carried out by a veterinarian authorised by
the competent authority showing the animals to be in good
health and able to withstand carriage to their destination.
(*) OJ L 146, 13.6.2003, p. 1.

(c) in
paragraph 4 the following shall be added after carnivores:
with the exception of the species referred to in
paragraphs 2 and 3;

(d)
paragraph 8 shall be deleted.

2. the
following subparagraphs shall be added to Article 16:

With
respect to cats, dogs and ferrets, import conditions must be
at least equivalent to those of Chapter III of Regulation (EC)
No 998/2003.

The
certificate accompanying the animals must also confirm that,
24 hours before dispatch of the animals, a clinical
examination was carried out by a veterinarian authorised by
the competent authority showing the animals to be in good
health and able to withstand carriage to their destination.

Article
23

Before
1 February 2007 the Commission, after receipt of the opinion
of the European Food Safety Authority on the need to maintain
the serological test, shall submit to the European Parliament
and to the Council a report, based on experience gained and on
a risk evaluation, together with appropriate proposals for
determining the regime to be applied with effect from 1
January 2008 for Articles 6, 8 and 16. 13.6.2003 L 146/6
Official Journal of the European Union EN

2.
Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof. The period referred to in
Article 5(6) of Decision 1999/468/EC shall be three months.

3.
Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof. The period referred to in
Article 5(6) of Decision 1999/468/EC shall be 15 days.

4. The
Committee shall adopt its rules of procedure.

Article
25

This
Regulation shall enter into force on the 20th day after that
of its publication in the Official
Journal of the European Union.

It
shall apply from 3 July 2004.

This
Regulation shall be binding in its entirety and directly
applicable in all Member States.